Listener Questions!

Lawyer wall-to-wall listener questions Joe and I will answer your questions now spring court has said is wrong on this and this is what you think about him and you will now outlaw law, you Josh Whitaker welcome into the wires Josh Whitaker and Joe Haber are your hose. You can find them at Whitaker and Hamer law firm 46 combined years experience in folks offices in Raleigh Garner Clayton Goldsboro Fuquay veranda and they are helping clients with real estate closings, estate planning and administration, personal injury, criminal and traffic and family law. The list goes on and on and on. If you got legal issues. These guys there. The ticket I Morgan Patrick producer big voice and man on the street guys welcome and hope you have a great week thinking Morgan it's it's nice to be here in the office. I know we've got.

This is our second show where me and our friend Joseph were remotes and today it's a sad reason. Last week it was a good reason why we were remote because her friend Joseph was at the beach this week is kind of a satyr reason because our friend Joseph has tested positive for coded no no and no and Joe is is feeling better is on the mend and he's here with us today. Joe, how are are you feeling man here is a fantastic intro by Morgan about the we always talk about having good energy on the radio and I feel like I failed the most most important thing Joe is that you're feeling better and you thought you had this before, so it's your second time around and walk us through that.

What was that like yes it's it's not pretty bad. We got a lot of we talk a lot about my large family with several kids. My wife so yeah tested positive start filling that Friday night. We actually were on vacation last the previous show if you will recall, we were on vacation and I actually hit me that night did the night before we left could sleep started getting chills and as soon as I got the chill that it's like I knew immediately.

I knew it was the cove that I could feel it in my bones and so had to figure out how to safely get everybody home so we masked up and had to make a long 6 Hour Dr. Feeling pretty crappy came immediately got tested and I tested positive and yet no fun man. It really takes a toll on you. It's very strange is a strange illness and it's hard to find much comfort because every person that gets it, seems to have such a widely varying experiences and you hear people who have their symptoms change every day and I have some of the strangest symptoms and none for me it's really just feeling like I got run over by a truck.

No energy aches, chills, fever, but luckily no no real respiratory symptoms. I guess relatively mild all things considered. Sadly, it seems like the rest of my family is now getting it but we should have some crazy immunity man. This is our second time around. So at some point we can just be bulletproof for me. I feel like Joe did you have you have any of the brain fog to hear people talk about. I do have a brain fog access still have the brain fog's estimate that it will be something that affects the show heavily. I'm sure I just been forgetting everything that I got this I got him quarantined is that we like to paint the picture right some quarantine in my daughter's room. I'm doing up against her very beautiful pink sheets right now.

I got my set up on her bed but so what I've been trying to go outside and get some some vitamin D get some sunlight so I got a mask and forget where it is every reason to take it off I'll forget where it is. It'll take me a solid 45 minutes to find in this room is not very big definitely experience in the brain fight really hopeful. I'm on the mend. Want to get my visit several days away from work now had the vacation now having been back because of this, and I'll be out for a while and may I miss it. The Psalm was on the twitter and I saw somebody had no you never know if it's real or not, but some I had that little video of the COBIT 19 virus infecting brain cells in a bat see that I didn't see that maybe that makes me feel real good about what's going is very disturbing and he knows I don't know where I post whatever but anyway so we are remote but we are here and we had a lot of feedback last week we just did. We took some Western questions that had been piling up while we kind of talked about some other topics couple weeks before and we had a good response that we want to go ahead and and approach some other listener questions that we have so working to spend some time talk about a couple things and and again, like almost every other so we've had since we got this thing started really talking about COBIT and specifically the Pfizer vaccine, they were recording this just recently year the Pfizer vaccine got full FDA approval and that's gonna start restart scene where DRC and some mandates where your employer or you know semi's gonna make you have vaccine to participate in things and to work and there's been a couple of those and we thought that would be something that's probably worth talking about, so that'll be. We have a listener question that concerned. It got us talking about its that'll be our first lesser question that we talk about today.

I care about our listeners and we we care about the research so much. We talk about COBIT so much that is when got COBIT had that first hand experience so we can we could really know were talking about it. Make sure given the most accurate information in a question we get at the law firm and just in general church or at the barbershop you get a speeding ticket. You hear a lot of people say just pay it off. Don't worry about going to the courthouse and Serena can't give you a speeding ticket primer is an answer to one of our listener questions that comes up. If you're an attorney of any kind. It doesn't matter what your practice area is you go out in public and people know you're an attorney you're getting speeding ticket question usually from your close personal friends magically get rid of it, that have alleges no magical solution to that, then they all have the lead foot. So yeah I can see that I think I think those were the first questions I ever got a law school speeding ticket questions and how to get out of jury duty, and there's no good way to get out of jury duty question sequence either of those things is no magical.

I'm going to get you out of your ticket doesn't work like that. Don't ask us loyal others. Another question that we get a lot is we that we hear from folks who have a noncompete they sign a noncompete agreement with their employer and were just like as part of answering is lesser question talk about what non-competes are just give you the general breakdown when can those be enforced.

What is the court think about them things like that that that something we see a whole lot these non-competes this right and will will talk about that in our last question wording to talk a little bit about the same vein as the noncompete question.

We had a question regarding the fact that Caroline is an at will employment stated what that means as far as what being in at will employee entails and and basically how that affects whether what you can be fired for income of your rights as an employee, Joe this is your second time with the COBIT right so yes undiagnosed the first time.

It was super early superduper early in the process.

Before anyone really believe that code was around. It was February where I really got hit and was bedridden for 7 to 10 days filled exactly the same as this hundred percent identical to this. So then the family got it in October and you know everybody in the house. Got it. We never, I never tested positive.

The wife never tested positive, but I had no symptoms, but again everyone had and I don't understand how we witness had offensive.

I don't know if if had it early and had some kind of immunity to it the second time it came around her household, and at his Wayne did. Now the Delta variant is just destroying me. I don't know exactly what happened but I know it's not fun and I know I have enjoyed it and I know that I basically hate COBIT as most of us do. I'm sure but I know when she will ask me, it's you.

You let me know that she had it in a you know I got that Johnson & Johnson vaccine and there's some debate on how effective that is. I got it way back in April so I called my doctor house like a user can you give me a booster kinds get another one just telling me to just come around, come over to my house and I'll just do a couple of face calls which crank the write up man.

Johnson & Johnson's been doing good against the Delta. I think it's been I think it's had pretty pretty positive results. Man's I think you're good in your your healthy fellow your wells reading I was reading this week is reading about what is the lambda when it's coming up through South America right now is worried about the lambda would you find out about it.

I'd be curious because I'm sure I'll get that one as well, but it wasn't Joseph. It wasn't good. It was good. It was worse than this is worse. It doesn't doesn't care about vaccination younger kids didn't say anything, but I think if I what I was reading was saying it was and it was coming out of Peru.

It was like the dominant one in Peru know it is. It's counterintuitive because he think about a virus should want to evolve to be less lethal so it can survive and spread more easily and it does not.

It seems like that's been not the case here. It's got more aggressive. It's got anyways.

It sucks man it's I long for the day that we don't have to talk about anymore and I also hope that I don't have some kind of I really fear the long COBIT you know you hear a lot of people who have the long-lasting long-term effects in how we conduct that man.

I really do. When Joseph doesn't have COBIT needs in the office with me. We are the managing members of the law firm of Whitaker name or if you need to contact show the outlaw lawyer are you want to get a hold of me and Joe over here Whitaker and Hamer Morgan was the best way for everybody. Contact Josh, let me tell you, the outlaw lawyers Josh Whitaker and Joe Hamer you get them at 800-659-1186 at 800-659-1186.

You can also email questions to the show at questions@theoutlawlaw.com and these questions will be answered and may be used in an upcoming episode. The website, the outlaw along your.com again, the outlaw lawyer.com check out will be right back right after this coming up next. The Pfizer vaccine has full FDA approval who can make you things legal real estate closings, estate planning and administration, personal injury, criminal and traffic family law and then a lot of subject just come right up and hit us in the face were to talk about each and every week if you got any questions about what's going on legally in your life or anything any subject. We talk about.

You can always call 800-659-1186, 800-659-1186. They have an army of lawyers that will get back in touch with you and I certainly have those discussions, you can always go online.

The outlaw law.

Your.com check us out there if you got a question you want email it in the show questions at the outlaw law. Your.com fellows are all right Morgan. Our first listener question this week comes from a gym, and over in Apex and so his question boils down to can my employer, make me get a COBIT vaccine and question question Jim think the question just don't undersell Jim's question. This is a great question is one that everybody is asking.

Well it's it's really a star coming up a lot you know it's everything's been kind of voluntary at this point. Up until this point but I think it's probably pretty big news by now that Pfizer's is been received the full FDA approval, an estimate kind of change a lot of things before it was Corsair experimental and it's hard to find legal precedent where you can for someone to get experimental treatment, but now that it's full approval at the game changer. It is Johnson week we talked a lot about it. You know we talked about the fact that previously, these vaccines only had the emergency use approval and the fact that once that full approval came, which it did come quickly, but once it came. That was that was the thing that a lot of people were clinging to a lot of people who are vaccine hesitant were using that that non-full approval status as the reason why they shouldn't get it and now that's gone like you said that's that's a big hurdle at something that a lot of people were clinging to, and we speculated at the time and I think were to see we were correct.

The mandates are going to flow like crazy from here. I think we've talked about it before I can we cannot double down the live entertainment this year. We got tickets to collegiate you know is football, basketball, hockey every concert that that me and and the wife can go to. We've got tickets and were going one way or the other in your start to see thing Live Nation was one of the first ones we are starting to see where they're going to require vaccine and they're still doing the or you can have a negative test within the past I don't know what it is 72 hours, 70, 72 hours old or a vaccine.

But you know Live Nation. Scott already called it, and they don't.

I'm not. I don't think I have any tickets any Live Nation stuff right now, but yeah, I think you know that you see a lot of it. What was the federal mandate for if you work in the long-term care facilities. Take any federal money unless your staffs completely vaccinated by a certain date.

Having us all at the other day yeah there there there is going to be that you note for a long time there was the vaccine again wasn't fully approved and in doers an effort to kind of incentivize getting it which you could make the argument of anybody should want to get it for public health and for their own health but there was, you know, they try to kind of incentivize nothing now you're gonna see I want to say there to be penalizing not having it, but it's going to like you said to be mandatory and there's going to be here there gonna be penalties. Especially, you know, if you do work for the federal government. If you do work for healthcare you're going to see people basically having to have it and it's not to be an option why there was a recent case that was kinda making its way to the spring quarterly supplied to the Supreme Court for kind of emergency review status, but it was was like eight students you I guess University of Indiana and I haven't read any other literature I haven't read this case but from what I understand, University of Indiana was is requiring students to prove their vaccinated and say students took umbrage with that and and there was a lawsuit to kindness say is is mandate illegal and at that time Pfizer wasn't even approved rights at that time we we still have this experimentalist emergency use status so that was a lawsuit and it it yet Supreme Court just rejected the main meaning that in find on it. They did argue that it here arguments they just decided they were not going to granted emergency review which seems to indicate that the Supreme Court is at least in a million. Say this, says a they're not going to to intervene in a case like this. We got a government institution course you don't have to go to the University of Indiana, but if you are you coming out to play ball by their rules so they even you never know why they didn't look at it we didn't read we can read the petition. We don't know what, law attorneys relied on, so there may have been something else defective with it. It may not. We might be reading too much into it but that's what we do as attorneys we we can.

I want to try to figure this out off the pull that up and read. We love reading into things. That's one of our favorite pastimes for sure, but I don't think it's reading into much to anything you know the assumption that there is good to be mandates you know you mentioned we double down on doing entertainment we've been going to the we going to the PNC arena to the shows. In the event that there doing their and prior to very recently everything we've done there. There's no they haven't asked about vaccine status. They haven't mentioned it whatsoever and we got our first email the other day saying that you know for an upcoming show.

Like you said there gonna have to either have your proof of vaccination or you're gonna have to have a negative test within 72 hours. So it's it's common working to see I'm telling that my vaccine card is the most rickety dinky thing that I'm scared to get out out of the picture of it the other day as a friend is gonna lose it is on a take, take USB drive of the show where I have coded headphones to let the people listen to anything with this.

I was sick already have natural immunity. Let me in your your show. My son I got my plan when I got my card. It was even fill LA filled out like the batch and that when I got it, but like my name and socially is given to me bawling there like a you fill all this and I but I don't know. I don't know what kind of evidence of I get your boys trying to do and you feel like you to do something right yet your your your having a concert you know any liability sued or in the middle of a pandemic. You don't get shut down. So I understand you require mass requiring proof of vaccination or negative test basically you're doing all you can do so I get it, but it seemed like the one thing that doesn't that doesn't make a ton of sense to me. You know this is putting aside the health benefits of the vaccine.

The fact that you think a big goal of it is reducing the severity of the illness, especially for at-risk populations keeping people at the hospital all fantastic goal but while it seems that the evidence shows unit, a vaccine, if you vaccinated it may keep you from being as contagious spreading it. As long and people are still get it. People are still transmitted as as vaccinated people so I don't I don't know how much that necessarily is going to curb transmission so much. I mean, I think showing up with a negative test result absolutely unit accident that that's foolproof evidence that your you should be okay. You're knocking to be transmitting, but just proof of vaccination in a I think the conventional wisdom at one point, the hope, at least from folks was theirs knocking to be a lot of breakthrough cases. You know you can get vaccinated and it's can essentially make you and that does not necessarily seem to be the case. I went when when the wind pandemic. I got cranked up when it finally when it got started. I taught us why you worked in the industry for a long time and and and he basically said that if the coronavirus is just like the cold and if you could have a good vaccine. We would have a vaccine for the cold. You know is just it's just in the nature of a whatever whatever the vaccines gonna be. It's it's you have to get it a couple times a year.

I mean, just down the road like I don't see any way around it and we know it's you know I still think there's been I think there's been cases of folks who were double vacs recently that still you know they're still contracting it and I connecting a comes back to the mutation in the variance and things like that in the world doing the best we can know this is the say like don't get vaccinated. That's not the United make that point to say that whatsoever.

I'm just you know questioning how safe that's can really make everybody that's their field. Necessarily you know what I mean what I'm showing up in different drugstores try to get vaccines like everyday of the week like I was going to try to get them all and in just you know get extra protection.

That's a fantastic plan and I think that is exactly what you should do the yeah they don't let me call funny also. That's because they are all joking aside, right. The only would actually answer Jim's question which is, can my employer, make me get a COBIT vaccine. I think the answer, at least right now is most likely yes I think a private employer in an at will employment state, which will talk about what that means little bit later. I think your your if they decide they want you to get vaccinated. I think they can. I don't know if you have a different theory on that Joseph know my thinking is in line with youth – and we said that we said that before full approval.

I think we speculated that if your employer ask you to get the vaccine. Want to get it. Then there you're likely to lose your job, and there's really not any consequence for so I agree with Josh.

I think it can be mandated and required and you know with the government really pushing private businesses to implement those requirements. I think we are to see more more that as we move forward through the pandemic goal on the show is to help educate in the form and to help if you got any question about what we've been talking about. Easy to get in touch with Josh Whitaker and Joe Haber, the outlier's at Whitaker and Hamer Law firm 800-659-1186. That number again 800-659-1186. You can email questions to the show and then maybe use an upcoming episode questions@thelala.com if you want to kick the tires online, go to the website. The outlier.com you get a speeding ticket. The police officer was very nice and so do you can mail in a check and sitting on the court, should you do that you got a legal question. They have the answer. You can always call 800-659-1186 is 800-659-1186.

You can also pose your questions online at questions@theoutlier.com and check out the website, the lawyer.com what information there for you as well, but if you're thinking real estate closings estate planning in the ministration, personal injury, criminal and traffic which really get into in this segment. Also, family law, all of that within the scope of the outlier and Josh Whitaker and Joe Haber again. You can find them at Whitaker and Hamer Law firm.

The guys were speeding through the program in our gonna get into speeding tickets or is one question you get the day. Hopefully you make it to your law school graduation before you get this question, but someone in your family someone in your friends use your circle of friends, your sphere of influence. A speeding ticket. And he just graduated from law school is the first call you get it I guarantee is the first call you get is a graduating law student I got this call 18 times before I graduated law school and and count literally countless times after that. People I don't even know that will that's not all they ask you know they they got a ticket. They want you to help them with it and and that's that's what you get.

And that's what that's what I think that's what the a lot of people think lawyer students handle tickets constantly all day long every day to spend some do, some attorneys that's the focus their practices. I usually see criminal and and traffic, the District Court, Superior Court, and we have several attorneys in our office that spend all day long in a district in Superior Court helping folks and with traffic situations, criminal situations, but today we have a listener question it, spurred this debate gave me those bad memories get nasty's questions right out of the gate but we got a Deborah from Pittsboro down in Chatham County who has asked us basically I got a speeding ticket 115 over the speed limit. The officer was very nice and told me I could just pay the ticket.

If I didn't want to go to court, should I that's Deborah's question and I think any attorney is ever practiced in the state of North Carolina is going to say no, don't just don't just pay your ticket. First off, Deborah. We care about you personally like we care personally about each and every one of our listeners. We want you to drive safe and take good care of yourself.

That's what I like to start with but also because we care about you personally don't just pay that ticket by mail Deborah, yes I went North Carolina others. The enters, you'll hear attorneys talk about it. Insurance agents talk about affairs, appoints system you know associated with your driver's license and every time you getting first speeding ticket or insert moving violations or any accumulated certain number of points on your license and we can attorneys, review no think about those into different situations.

You know your insurance what your insurance premium is an in your license and so you get a certain number of points are going to be suspended. You're knocking to be able to drive and you get a certain number of points.

Your insurance is going to continue to go up go up and at some point you'll you if you continue to accumulate them you'll be an uninsurable driver. And so you know if you're if you're like me, and I guess I guess Joe you know we don't at this when I was a younger man and I had a Mustang, I accumulated some tickets. But now in my old age I often don't.

I don't get any tickets I'm assuming is St. Regis. Man I tell you what I want to jinx it but I bid you have been doing so good man. I have not had a ticket the last ticket that I got was at the beach.

One of our fine North Carolina coastal beaches and I got a seatbelt ticket as a passenger. While the car and we were moving the car likes 25 feet of in a state trooper pulled us over and so kindly ticketed me as a passenger to sweep to the last last ticket I got I was in law school that I went down I think we talked about as I was and I was a camel back when it was in Hardin County right when you went back to Goose Creek for law school, but I was driving on the back roads in and I believe is a done police officer aware to stop sign. It was my turn to go, clear, clear as a bell and he just gunned it and he got me in the back so as we had an accident or was it wasn't my fault this time right and I but he gave me a ticket as my registration had expired.

It sounds like a man.

The cop hit me and him and he gave me a ticket which is his job. We give law man but ironically thought you were better than that Josh has your neck how's your neck feeling John hurts it still it still hurts when I was running it was 2001, but but anyway it's a speeding ticket.

It's points right so you're the officers pony over there usually just trying to be super helpful and that's why most folks who are in law enforcement get to law enforcement because they want to protect. They want to serve. They want to help analyze Tom's old notice off the cuff you know it. If you're really upset.

Are you worried about courthouse or were to go to court. They always like wages paid online is mail it in and not try to do. You need to service, but an attorney would say you never do that as soon as you do that your you're getting points because attorneys tend to do things for you. You know attorneys can, if you go to court. Things that you can do that get you less points. If you just pay it all exactly that. The reason you're hiring an attorney when you have a ticket is essentially to navigate the process and obtain the absolute optimal outcome for your particular circumstances.

To give you that the lowest amount appoints the whatever the best result for you personally is and if you just if you pay that your essentially your pleading guilty to whatever the original offense wasn't like Josh that if it's a if it's a speeding ticket. If it's a moving violation to start accumulating those points and you can have consequences, be it drastically raise premiums on your insurance or be at points on your license or be at something worse if it's you know you've had several offenses so you never didn't want to pay that ticket so Deborah's question we we don't have some information she's in Pittsboro so maybe that's Chatham County, but every county has a different structure for what they'll allow you know you go in and you can ask because probably are all heard this, but you can ask for reduction in speed so she got a ticket for 115 over maybe if she shows up and she's got a clean record and attorney or you know an ADA and sisters to attorney would would say will reduce this to non-not over, which means less points right at something that they can do for you to get you less points if you got a clean driving record.

You know some counties.

Attorney would say to go to driving school maybe do some community service, whatever that County requires.

There's usually some things they can do to reduce the speed is over 15 is kind of a big you have a point where points get Maureen over 20 years certain speed limit set that make more of a difference or talking about these points and so if Deborah's clean and I think Deborah being a listener of the out lawyer probably keeps her driving record pretty clean obeys the law so she's got is 15 and overarching get down to non-wears a law in North Carolina every couple years. You can get, you know, not over or less and it doesn't cause you points.

It doesn't hurt you on your insurance yes kind of everybody's getting it a speeding ticket every now and again kind of thing this right in in another option, and again we were telling these options for informational purposes but again it's always important to get a ticket.

It's always a great idea to contact an attorney because you know it's very situational but another thing that a lot of people have heard about is that prayer for judgment and you know some people think that is just kind of a freebie, throw it out there and it'll take care of the issue for you, but you know you really want. That's something that you do you strategically and if there is a better result that can be negotiated for you by the attorney where that doesn't have to be using. You can say that for later on down the line where it may be more necessary and you want to do that you don't want to just assume because you got that that prayer for judgment. You just go in use it and have it done with because again you don't get an unlimited amount of those on Joe and I are in our day-to-day practice. Joe and I are not the attorneys are firmly spent a lot of time on traffic matters but are attorneys that do. I have seen him time and time again some I'll come in and their driving record. I have a bunch of different things on it is coming go through it market up and really can figure it out and see you got a lot of interest a lot of tools at their disposal and the I see people who had their the right to drive suspended because they didn't take care of a traffic ticket they did do what you're supposed to do is paid off.

Couple and get too many points there really like magicians, you know, the, the attorneys here at the firm. There like driving record magicians as they just cannot carve it up. Figure out what needs to be done in what order to make a plan and its it's amazing when you live in this world when you live in this traffic citation criminal world what you can with these folks know how to do it in and figure out that I'm I am deftly no expert on it by any means, but I think the answer to Deborah's question is, do not just mail on a payment you're going, you're going well. It was public record. When you get a ticket so you can get all the attorney G hear people talk about that, but attorneys you know what you think. It's a public record that a lot of attorneys will buy that information so they can send your letter so they can market to you let you know that what they can know what you know what they can do for you and what it will cost, but because of that is kind of an annoyance to get 10 attorney letters right when you get a ticket because of that capitalism at work what it actually cost for an attorney to help you attorneys fees really gone down as a result, you guys let me jump in a just man on the street, and I mean having professional advice. Once you receive a speeding ticket. Just having that immediate may it may cost you some to work with professional lawyer to get you through your your citation but what that could save you in the long run that's what you have to compute that's what you have to gonna come up with as you are working on your case. We we've had situation just in my own family where you're working with an attorney has saved us a lot of money down the road with insurance and just making sure that that person to continue to drive so you doing it now and being proactive. Certainly I am working with an attorney seems to be a positive yes that's a great point in and you know it's like Josh said with the amount of mailings and in traffic mailings and attorneys who are really dedicated to the practice of taking care speeding tickets you not talking about an astronomical cost for that now your court costs are to be one element of that in you that you can't really do anything about that. There were to be set by statute there to be what they are, but you're not going to pay an attorney.

Substantial Psalms to take care of your speeding ticket so it's it's cost-benefit wise. The benefit drastically outweighs the cost to to get some help with that ticket once again, the goal on the show is to help educate and inform anything that we've been talking about. If you've got questions coming up with your legal situation and you want those answers.

Here's the number to call 800-659-1186 at 800-659-1186. That will get you in touch with Josh Whitaker and Joe Hamer Whitaker and Hamer law firm again. 46 combined years experience Raleigh Garner Clayton Goldsboro Fuquay Farina offices in all of those nice towns and again the outliers we talk legal every single week hi Morgan factory in man on the street.

Producers/big boys were back right after this coming up next. I was fired from my job for no reason. What can I do about again. Raleigh Clayton Goldsboro Fuquay Farina offices there to help real estate closings, estate planning and administration, personal injury, criminal traffic, family law, they have attorneys to handle it if you got questions. Remember, you can always call 800-659-1186, 800-659-1186 and someone will be in touch if you got a question for the program and email it in questions@theoutlier.com and will use it in a future show again, check out the website, the outlier.com guys, what's next Joe how you hold up you make it through the show. Hey man, I'm here been secretly eating a piece of chicken.

There is and has been giving me the protein that I need to carry on can't taste it can't smell it. Hope it's good can't smell anything man it's weird you know if you've ever been congested before and you got like congestion in your nose and it kinda dulls your sense of smell. It's kind of a strange sensation I don't have that I can breathe I can be perfectly fine for my notice on breathing in their just noted, nothing.

Literally no sense of anything and restraint man.

I say that. Have you be tested at out like bourbon mustard light is nothing I've tried everything I try to smell prior to now it's nothing.

I literally up it's been up Lysol and everything trying to keep what I was trying to keep my family from getting it. I think I failed. But I aspirate about the Lysol and literally just walked through it and if there's is nothing I can't sense anything whatsoever so here a lot of people deal with that for extended periods of time. I'm hoping I'm on the short end of that and can be back pretty quickly that now I can taste a little more than I can smell but can't smell anything so that I can taste like salty. I can taste sweet.

I just can't do much more than that to be worse man. All in all, I'm blessed. I can't complain. Well that's why ledger and ledger on the mend in your you're making it through the show just fine and and and so we got to get to Lasorda with two listener questions that come to play off each other's order to do this when first we got another anonymous listener question. Basically our listener. Ask I was fired from my job recently for basically no reason at all. I googled what I could do about it and found out that North Carolina wasn't at will employment state.

What does that even mean so that is important just to start off the bat. So North Carolina is an at will employment state so as long as you know, as long as there's not a statute of federal or state statute that protects your employment as long as your employer is not acting in a discriminatory fashion adverse to federal law. You can be fired for just about any reason or no reason at all. Yeah, I read that question. I see that basically no reason at all have to look at with little scrutiny and wonder. Basically no reason. Maybe there's there's probably a reason, but you know you said Josh at will employment you know like you said, unless there is a specific law to protect the employees, or employment contract that provides otherwise. Employer can basically treat the employees however they see fit, which you know he that could even include the assignment of like demeaning tasks, even if there's really not so much they can that an employee can do about it is important you know, the federal federal law, comes in. So we have our state laws and and federal law preempts and kind of fills in the gaps. A lot of state laws but you know federal law will not allow you to fire someone in discrimination, you know, so race, age, sex, religion, and all that stuff still protected. You can be fired for that, but your boss if they come in and they have a bad day, and they just fire you because you were redshirt.

They can fire you because you were redshirt you know they can fire you for course all the normal stuff missing that people think you have to get written up right if you get written up a certain number of times we have to have a certain incident, but know that you can just be straight up terminated no notice, nothing that that assumes you know we talk about the exception. So if you like. If you have an employment contract that's different right.

You're no longer at will you sign a contract to be an employee in your employer would have to terminate you, according to whatever is required and that in that contract that's right – so you you you remove yourself from that at will status once you have the contract in place. The contracts that dictate so that's not to say you could still be fired for no reason. It just going depend on what the, if the contract says you can be fired for the reason it's all going to be dictated based by that contract so you can to be bound by the contract and if it's not something that complies with the terms of the contract.

You can't be terminated for that and if you were you could just sue on that contract for breach of it to to get some recourse there yet. I would encourage our listeners. If you have been terminated and you think it's for a reason. A discriminatory reason then you know are for our recommendations. Always you called equal employment opportunity commission EEOC is, were you always start there's a process there. They issue a right to sue letter, but if you think your that's right. This restart if you feel like you been fired for an illegal reason that that's an important port number to have nor I know I important place to start. Yeah.

So if if you are not employee pursuant to an employment contract and again there's you know it's you. You would. You should know if you have a contract is not to be something you suck to be you. You've read the employee personnel handbook it you know that's not necessarily what were talking about here, but if you do not have employment pursuant to an actual employment contract and Juergen to be considered an at will employee and again you can be fired for any reason or no reason at all, so long as that reason doesn't it is not based on certain protected categories and again those categories. They include race, you can't be fired because of your race can't be fired because of your age, your sex, your religion, your national origin your color your disability or for being pregnant. Those are all protected bases that you can't simply be fired for those reasons alone would add Joseph. You know, there are if you're if you work for the state government save your fancy state government are statutes that protect how your if you're certain class of employee how your terminated in and there's a whole set.

Another set of rules for that if you work for the federal government or federal laws that deal with how to terminate a federal employee of a certain class, you know, so you're not you're not you're not technically at will. You got some some base protections that your employer has to follow, but I think most of us normal. Normal guys your you're at will and and that that's just how it is this down here. I have a lot in-laws up north and you know with unions and things like that it's it's it's it's very different in some areas than it is here but but we are we are at will. So to answer our listener's question, the fact that you were fired for basically no reason at all. Unfortunately, there's really nothing you can do about it unless that reason was because of some protected category that you are a part on whether it be because of race or age or sex, religion, or any of the things that we discussed and talked about so that if it wasn't based on one of those reasons and if you did not have an employment contract and unfortunately you are out of luck. And there really are no great things that you can pursue to get any kind of recourse so Josh, if you ever been fired from a job think I don't I don't think that I've ever been. I think I was usually pretty good employee.

I liked like to work alone is going to schools at some monies. I think I hired you see a really juicy anecdotal story we could draw from, but nine a price to talk about that at a time.

That's all right. I haven't been fired either, so I can't work so hard.

Everywhere I went on in the media business guys. I've been fired so that it happens you get down sized companies going different directions, you know, II do have questions, especially in the next segment we talk about non-competes because a lot you hear that a lot in the media business, but certainly it applies to the other, you know, the realms of the business world that I can't wait to get into that discussion that's coming up right yet yet next to talk about non-competes and what that means and how they can be enforced. So this was a good good segue into that Morgan folks. If you are not, have any questions about what we've been talking about.

Maybe there's a legal question that we haven't broached there's an opportunity to ask that question from Josh and Joe unto them, I should say 800-659-1186. That's 800-659-1186 out of get you in touch the lawyers again. You can find Josh Whitaker and Joe Hamer at Whitaker and Hamer law firm.

They have offices in Raleigh, Garner, Clayton Goldsborough and Fuquay Marina and again that group 46 combined years experience helping so many clients with real estate closings, estate planning and administration, personal injury, criminal and traffic family law folks, if it's legal, most likely they're going to have an answer to your question to remember the number 800-659-1186. If you've got questions for the show. You do that it questions@thealloyare.com and if you want to check out the website and get in touch with the firm thereto is the outlier.com.

Next up is now a lawyer can your employer enforce that noncompete.

The answer we are on the air. Josh Whitaker and Joe Hamer Whitaker and Hamer law firm. The power behind the outlaw lawyers and they have offices in Raleigh, Garner, Clayton, Wellsboro, Fuquay Marina and this group 46 combined years experience in helping clients with real estate closings, estate planning and administration got personal injury, criminal and traffic family law a lot to be discussed.

We do it each and every week if you got any legal questions.

A great number to call is 800-659-1186 at 800-659-1186. You can also email questions that we may get to use on upcoming shows, go to questions@theoutlier.com and check the website out D outlaw law are.com guys I know we gotta we got, that cleanup hitter type of topic as we wrap up the show we get this question a lot.

This is a console that we we get a lot. We got is another anonymous question always don't like it we don't get a name and a location we got an anonymous listener who basically says I signed a noncompete at my job, can my employer hold me to this agreement and so non-competes are complicated topic and so a lot of folks I know when they start certain kinds of jobs. You see a lot in sales. You see the Latin and construction there certain types of jobs were eager to work for someone you're going to get a lot of will call it proprietary information client list, trade secrets, you can get access to a lot of these things and so before your employer takes you on to train you and and and in Canada teach you there. There way that they might have you sign a noncompete in a noncompete is just shorthand for noncompetition agreement before they hire you as part of a consideration for being employed. They may say look, if you're fired or if you leave here, you can't do anything similar to what you're doing for me for 10 years and 80 mile radius. You will have some some terms in there you can't take her King: our clients. You know you can't use her customer list. You can't take trade secrets and some of them even have liquidated damage penalties and there saying hey if you violate this vineyard and I was $25,000 for each time it happens or something like that.

We call that liquidated damages in the in the wall game but Jody's is the sum you see a lot yeah. So to answer the question. I think the answer is it depends. You know North Carolina law doesn't look favorably at noncompete agreements but they are permitted. It's just that in order to be valid. They basically have to be designed to protect the legitimate business interest of the employer and if you end up with something that's too broad to be considered a reasonable protection of the employer's business. It's not to be in force of their skin to be some specific elements that have to be met in any of it that they are met, then it's going to be a valid noncompete.

And so one of the first things and and you mentioned this Josh. We talked in our previous segment about it at will employment well to have a noncompete that's gonna be valid you not to be an at will employee because that noncompete has to be made a part of your contract for employment. From the onset of your employment and if it's if it's not Joe. You got to receive some adequate consideration. So if your employer is a start out on one level what you can work your way and your you're working and your employer just comes out and puts a noncompete front of you decide there's any consideration is gotta be a raise is gotta be a promotion. Facts really matter. In that scenario, but again the courts.

Joe said they disfavor the survey, look for ways to maybe get around them are strictly construed room. I know had a console not too long ago, this company operates all up and down the East Coast, and they had someone who left their employment. They were trying to keep on working out of work in any state on the East Coast for a certain amount years and that's that's the kind of stuff courts to white courts don't do don't they understand that you, your employer has an interesting need to protect but they also want you to be able to to work. You know, so there's the court always talks about narrowly tailored reasonable terms as to time and location so you have 30 days six months 25 mile radius United they wanted to to fit the employer's need and that it can be access and that's always a for us to Josh. It makes perfect sense why the court would disfavor because you're talking about people's ability to earn a livelihood. These know this could be a career that someone has dedicated their entire lives to Lena put in substantial time and money into training and so the courts always going to look with a ton of scrutiny at any kind of restriction of that person's ability to to work and to earn money, but again it is allowed so you know, in addition to some of the things we talked about. It's gotta be in writing. It's gotta be you know you made a part of the contract for employment and based on good and valuable consideration, and it like he said Josh is gotta be reasonable both as to the time in the territory and it's also got to be not against public policy as well.

Yes, you'll never see a doctor or a lawyer sign a noncompete theirs, ethical rules and things that preempt a space that is not to be enforceable. That's bad you want as many doctors as you can get practicing. You want to train Dr. sent home unable to work because of a noncompete. There are some industries were noncompete, or just the courts doesn't allow them at all and we talked about that public policy peace and we say that you know it can't be against public policy were basically referring to the fact that that noncompete can't be used just to stifle competition. If it does that, in the courts can look at it in and Dean that it's offensive. The public policy because it basically promotes a monopoly at the public expense. And that's not can be enforced. So like you said if you had the physician in a small town that had a noncompete that would keep other physicians from practicing in the small town asking to be a public health concern. And that's not can be enforceable.

Like you said, you know it's it's when we do these consults were were usually were were usually in a meeting with an employee. Sometimes her meeting with an employer or meeting with an employee whose old employer is St. Hammond enforced assignment to sue you. You can do this this or this, so that your clients to work your clients in a bad way.

So were always very sympathetic to that but you know there is no there there attorneys fees. You know involved in infighting. This is is really just a tough spot to be in. And so I think that the coming golden rule from our conversation is going to be a. These non-competes put in front of you. It's good to have an attorney look at just so you know what you're up against.

You know it's if something happens. Maybe your employer will give you a chance to really change anything, take it or leave it deal to me that these really these really wreck people and so it's something just it's it's worth put an eye on her having a trained eye review it for you.

Just so you know what you're in for. Because if it severe enough, it may not be worth the job you if you got multiple options great opportunity to get on the phone if you got any questions about what we been talking about today on the outlaw lawyers with Josh Whitaker and Joe Hamer.

You can find them at Whitaker and Hamer law firm.

Here's the number 800-659-1186.

That's 800-659-1186. Please email questions to the show will use him in the upcoming weeks questions@thealoelawyer.com and again these questions will be used on future shows and check out the website, the outlaw all your.com were back next week.

Here's the number again 800-659-1186 guys closing comments Joe to get some sleep you get some rest and we feel that the first thing thanks – see you next is attorney licensed to practice law in North Carolina just appearing on the show. Maybe license North Carolina attorneys discussion of the show was meant to be general in nature and in no way should the discussion be interpreted as legal advice. We would like to be renewed once an attorney licensed in the state in which you live at the opportunity to discuss the facts of your case with you.

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